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Bravo Brio federal tip credit class action lawsuit overview:
- Who: Melissa St. Clair filed a class action lawsuit against Bravo Brio Restaurants LLC.
- Why: St. Clair claims Bravo Brio violated tip credit provisions while allegedly underpaying tipped employees at its Brio Italian Grille restaurant.
- Where: The class action lawsuit was filed in Connecticut federal court.
Bravo Brio Restaurants improperly utilized tip credit provisions while paying tipped employees — such as servers and bartenders — below the legal minimum wage at its Brio Italian Grille, a new class action lawsuit alleges.
Plaintiff Melissa St. Clair claims Bravo Brio fails to follow the “strict requirements” that would allow it to legally utilize tip credit provisions that are found in the Fair Labor Standards Act (FLSA) and the Connecticut Minimum Wage Act and Agency Regulations.
The tip credit provisions allow an employer of tipped workers to, under certain circumstances, pay workers under the minimum wage rate by taking a “tip credit” against their minimum wage obligations by incorporating tips given to them by customers into their pay.
St. Clair argues Bravo Brio violates tip credit provisions, however, by allegedly failing to advise its employees in advance of using it, having its employees perform non-tippable work, and making “illegal deductions” that reduced direct wages below the minimum wage for tipped employees.
“As a result of these violations, Defendant lost the ability to use the tip credit and therefore must compensate Plaintiff and all similarly situated workers at the full minimum wage rate,” the Bravo Brio class action states.
Bravo Brio accused of violating FLSA, Connecticut Law
St. Clair wants to represent a nationwide class and Connecticut class of all current and former tipped employees who worked at Brio Italian Grille for at least one week. Eligible class members must have worked within the last three years for the nationwide class and two years for the Connecticut class.
Bravo Brio is accused of violating the FLSA and Connecticut law. St. Clair is demanding a jury trial and requesting an award of reimbursement between the minimum wage and tip credit adjusted minimum wage for each hour worked for herself and all class members.
Bravo Brio agreed to pay $4 million in 2017 to resolve claims the restaurant group failed to provide its workers with legal minimum wage and overtime compensation at its Bravo Cucina Italiana, Bravo Tuscan Grille, and Bon Vie Bistro restaurants.
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The plaintiff is represented by Michelle N. Holmes of Holmes Law Offices, Don J. Foty of Hodges & Foty, LLP, and Anthony J. Lazzaro and Matthew S. Grimsley of The Lazzaro Law Firm, LLC.
The Bravo Brio federal tip credit class action lawsuit is St. Clair, et al. v. Bravo Brio Restaurants, LLC, Case No. 3:23-cv-00341, in the U.S. District Court for the District of Connecticut.
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I used to work there as a server for 7.5 years